Abstract

This article compares the South African trust and the waqf. The article will firstly involve a concise analysis of the theories on the possible predecessors of the use while providing a historical contextualisation of the use and the trust. Secondly, a comparison will be made between the South African trust on the one hand, and the waqf on the other hand, the latter being one of the theories advanced as a possible source of the use. This comparison, it is hoped, will pave the way for further comparative research regarding the waqf as a means of advancing the development of South African trust law.